N.Y. Environmental Conservation Law § 54-0703: Approval of state assistance payments for municipal recycling or waste reduction projects

§ 54-0703. Approval of state assistance payments for municipal recycling

or waste reduction projects.

1. State assistance payments toward the cost of municipal recycling or

waste reduction projects shall be made pursuant to this title with the

approval of the commissioner pursuant to an approved contract or

contracts.

2. In reviewing applications for state assistance payments for

municipal recycling or waste reduction projects, the commissioner shall

give due consideration to:

a. the adequacy of the municipality's waste reduction or recycling

program and its relationship to the needs and plans of other

municipalities; provided, however, that such adequacy shall be

determined in part by the efforts undertaken to date by the municipality

to implement a mandatory source separation law or ordinance required

pursuant to section one hundred twenty-aa of the general municipal law;

b. the suitability and feasibility of the project in relation to the

recycling program and the area to be served;

c. the proportion of solid waste for which waste reduction or

recyclables recovery is contemplated and the extent to which the project

is consistent with the statewide solid waste reduction and recycling

goals established under the state solid waste management plan, pursuant

to section 27-0103 of this chapter;

d. the potential for coordination and consolidation of solid waste

management practices among municipalities within specified areas,

regions or planning units;

e. the implementation of the system or components thereof and their

expected terms of usefulness, singly or in combination;

f. the present and projected population, land use, and rates and

composition of solid waste generation;

g. the potential or contemplated markets for recovered recyclables and

the extent to which the full avoided costs of proper collection,

transportation and disposal of source separated recyclables are, or are

projected to be, greater than the cost of collection, transportation and

sale of said recyclables less the amount received from the sale of said

recyclables;

h. the intergovernmental arrangements integral to the project;

i. the non-governmental arrangements integral to the project;

j. the urgency of the project, in relationship to all recyclables

recovery program needs in the state; and

k. the environmental soundness of the project, including assurance

that the project will meet all applicable laws, criteria, and rules and

regulations.

3. State assistance payments toward the cost of a waste reduction or

municipal recycling project shall not exceed fifty percent of the cost,

and in the aggregate such payments shall in no event exceed two million

dollars. Such costs are subject to final computation and determination

by the commissioner upon completion of the project, and shall not exceed

the maximum eligible cost set forth in the contract.